Can I inherit from a non-Muslim?

A: There are principally two types of laws that relate to the estate of a propositus, viz. the laws of inheritance and the laws of bequests.

According to the laws of inheritance non-Muslim heirs of a Muslim propositus will not inherit the latter’s estate, whether they are born non-Muslims or are apostates. Similarly, a Muslim cannot inherit from a non-Muslim propositus, provided that the latter was born non-Muslim. If the propositus was an apostate, the property owned by him before his apostasy will be distributed amongst his Muslim heirs. If a woman apostates, all her property, whether acquired before of after apostasy, will be distributed amongst her Muslim heirs.

According to the law of bequests, a non-Muslim legator may, in principle, bequeath his property in favour of a Muslim legatee, and similarly, a Muslim legator may, in principle, bequeath his property in favour of a non-Muslim legatee.

Thus, whilst you cannot qualify as a legal heir of your father’s estate according to Islamic law, if your father nominates you in his will as a beneficiary of his estate, according to Islamic law, you are entitled to his estate in your capacity as legatee but not as an heir.